to: provide clear legislative intention that compliance with codes of procedure (for making decisions about visa applications, certain visa cancellations and revocations of visa cancellations, and for the conduct of reviews by relevant merits review tribunals) fully satisfies the common law requirements of the natural justice hearing rule. Also contains application provisions.

to: allow certain non-citizens to be brought to Australia without a visa for a temporary purpose (a “transitory person”); bar a transitory person from making a visa application whilst in Australia, unless the Minister believes it is in the public interest to do so; allow an assessment of the refugee status of certain transitory persons; stop legal proceedings being taken in relation to the transitory person’s presence in Australia; and provide clear statutory authority for the removal of the person from Australia.

in relation to enforcement of foreign restraining and forfeiture orders;

Mutual Assistance in Criminal Matters Act 1987

to: reflect provisions of the new proceeds regime; and relocate provisions which relate to foreign orders and offences;

Financial Transaction Reports Act 1988

to relocate record retention provisions;

Bankruptcy Act 1966

to ensure that bankruptcy is not used to thwart confiscation of proceeds of crime;

Family Law Act 1975

to ensure that property settlements and spousal maintenance cannot be used to defeat confiscation of proceeds of crime;

Administrative Decisions (Judicial Review) Act 1997

so that it does not apply to certain decisions of the Director of Public Prosecutions or an approved examiner;

Australian Federal Police Act 1979

and

Director of Public Prosecutions Act 1983

in relation to the functions of the AFP and the DPP respectively;

Telecommunications (Interception) Act 1979

and

National Crime Authority Act 1984

to include forfeiture proceedings within the meaning of relevant proceedings;

Taxation Administration Act 1953

in relation to access to taxation information; and

Proceeds of Crime Act 1987

to repeal relocated and redundant provisions, including provisions relating to existing money laundering offences. Also makes consequential amendments to 8 other Acts and contains transitional and application provisions.

Gives effect to Australia’s obligations under the Council of Europe Money-Laundering Convention and other international instruments concerning the confiscation of proceeds of crime by providing for a civil forfeiture scheme, which will operate in parallel with the existing conviction-based confiscation regime, to confiscate unlawfully acquired property without first requiring a conviction. Also: enables freezing and confiscation of property used in, intended to be used in or derived from terrorism offences; strengthens provisions in relation to conviction-based confiscation; and provides for the confiscation of literary proceeds derived from the exploitation of criminal notoriety for commercial purposes.

to: insert new offences in relation to treason and terrorism related activities, all of which carry a penalty of life imprisonment; provide for ministerial declaration of proscribed organisations and insert offences in relation to membership or links with such an organisation;

Crimes Act 1914

to repeal the existing treason offence;

Migration Act 1958

to update treason offence cross-references; and

Australian Protective Service Act 1987

and

Crimes (Aviation) Act 1991

to ensure that the Australian Protective Service has power to deal with terrorist related offences and to perform the aircraft security officer function on intra-state flights. Also contains savings and application provisions.

in relation to: monitoring and enforcement of security requirements at Australian borders; provision of certain information to Customs in relation to: people working in restricted areas or issued with security identification cards; and goods in-transit; examination and seizure of in-transit goods; electronic reporting of all mail cargo as part of a cargo report; access to airline computer reservation systems; authorisation of Customs officers; issue and use of firearms and personal defence equipment by Customs officers; powers of arrest in relation to assault or obstruction of Customs officers; and forfeiture of undeclared dutiable goods found in unaccompanied baggage;

Part of a package of four bills, the bill implements Australia’s obligations under United Nations Security Council Resolution 1373 and the International Convention for the Suppression of the Financing of Terrorism by amending the:

Criminal Code Act 1995

to insert an offence directed at those who provide or collect funds to facilitate terrorist activities;

to introduce higher penalty offences for providing assets to, or dealing in assets of, persons and entities engaged in terrorist activities. Also provides for an independent review of the amendments made to the

in relation to: application of the Act to telecommunications services such as e-mail, SMS messaging and voicemail; interception in relation to terrorism, serious arson and child pornography offences; use of lawfully intercepted information in connection with dismissal of an officer; the Anti-Corruption Commission of Western Australia, and the Western Australian Royal Commission into Police Corruption; operation of certain warrants authorising entry onto premises; merger of the Queensland Crime Commission and Criminal Justice Commission into the Crime and Misconduct Commission; and technical corrections; and

Customs Act 1901

to enable Federal Magistrates to be nominated to be judges for the purposes of issuing listening device warrants.